Sanchez v. Dynamic Recovery Solutions, LLC ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOANNE SANCHEZ, Case No. 1:19-cv-00580-LJO-SAB 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET 13 v. TO REFLECT VOLUNTARY DISMISSAL 14 DYNAMIC RECOVERY SOLUTIONS, (ECF No. 11) LLC, 15 Defendant. 16 17 18 This action was filed on May 2, 2019. (ECF No. 1.) Defendant has not answered or 19 otherwise appeared in the action. On October 8, 2019, Plaintiff filed a notice of voluntary 20 dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. (ECF No. 11.) The 21 notice specifies that the dismissal is with prejudice as to Plaintiff individually, but without 22 prejudice as to a putative class. (Id.) 23 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his 24 action prior to service by the defendant of an answer or a motion for summary judgment.’ ” 25 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 26 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has 27 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th 1 | Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 2 | the parties are left as though no action had been brought, the defendant can’t complain, and the 3 | district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co.., Inc., 193 4 | F.3d at 1078. 5 Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this 6 | case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). 7 8 IT IS SO ORDERED. EF 2 Se 9 | Dated: October 9, 2019 _ Of 0 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28